in the house of representatives, u. s.,3 •s 1822 eah 1 ‘‘(8) indian tribe.—the term...
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In the House of Representatives, U. S., March 3, 2020.
Resolved, That the bill from the Senate (S. 1822) enti-
tled ‘‘An Act to require the Federal Communications Com-
mission to issue rules relating to the collection of data with
respect to the availability of broadband services, and for other
purposes.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE. 1
This Act may be cited as the ‘‘Broadband Deployment 2
Accuracy and Technological Availability Act’’ or the 3
‘‘Broadband DATA Act’’. 4
SEC. 2. BROADBAND DATA. 5
The Communications Act of 1934 (47 U.S.C. 151 et 6
seq.) is amended by adding at the end the following: 7
‘‘TITLE VIII—BROADBAND DATA 8
‘‘SEC. 801. DEFINITIONS. 9
‘‘In this title: 10
‘‘(1) BROADBAND INTERNET ACCESS SERVICE.— 11
The term ‘broadband internet access service’ has the 12
meaning given the term in section 8.1(b) of title 47, 13
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Code of Federal Regulations, or any successor regula-1
tion. 2
‘‘(2) BROADBAND MAP.—The term ‘Broadband 3
Map’ means the map created by the Commission 4
under section 802(c)(1)(A). 5
‘‘(3) CELL EDGE PROBABILITY.—The term ‘cell 6
edge probability’ means the likelihood that the min-7
imum threshold download and upload speeds with re-8
spect to broadband internet access service will be met 9
or exceeded at a distance from a base station that is 10
intended to indicate the ultimate edge of the coverage 11
area of a cell. 12
‘‘(4) CELL LOADING.—The term ‘cell loading’ 13
means the percentage of the available air interface re-14
sources of a base station that are used by consumers 15
with respect to broadband internet access service. 16
‘‘(5) CLUTTER.—The term ‘clutter’ means a nat-17
ural or man-made surface feature that affects the 18
propagation of a signal from a base station. 19
‘‘(6) FABRIC.—The term ‘Fabric’ means the 20
Broadband Serviceable Location Fabric established 21
under section 802(b)(1)(B). 22
‘‘(7) FORM 477.—The term ‘Form 477’ means 23
Form 477 of the Commission relating to local tele-24
phone competition and broadband reporting. 25
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‘‘(8) INDIAN TRIBE.—The term ‘Indian Tribe’ 1
has the meaning given the term ‘Indian tribe’ in sec-2
tion 4 of the Indian Self-Determination and Edu-3
cation Assistance Act (25 U.S.C. 5304). 4
‘‘(9) MOBILITY FUND PHASE II.—The term ‘Mo-5
bility Fund Phase II’ means the second phase of the 6
proceeding to provide universal service support from 7
the Mobility Fund (WC Docket No. 10–90; WT Docket 8
No. 10–208). 9
‘‘(10) PROPAGATION MODEL.—The term ‘propa-10
gation model’ means a mathematical formulation for 11
the characterization of radio wave propagation as a 12
function of frequency, distance, and other conditions. 13
‘‘(11) PROVIDER.—The term ‘provider’ means a 14
provider of fixed or mobile broadband internet access 15
service. 16
‘‘(12) QUALITY OF SERVICE.—The term ‘quality 17
of service’ means, with respect to broadband internet 18
access service, the download and upload speeds (and, 19
for relevant services, latency) with respect to that 20
service, as determined by, and to the extent otherwise 21
collected by, the Commission. 22
‘‘(13) SHAPEFILE.—The term ‘shapefile’ means a 23
digital storage format containing geospatial or loca-24
tion-based data and attribute information— 25
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‘‘(A) regarding the availability of 1
broadband internet access service; and 2
‘‘(B) that can be viewed, edited, and 3
mapped in geographic information system soft-4
ware. 5
‘‘(14) STANDARD BROADBAND INSTALLATION.— 6
The term ‘standard broadband installation’— 7
‘‘(A) means the initiation by a provider of 8
fixed broadband internet access service in an 9
area in which the provider has not previously of-10
fered that service, with no charges or delays at-11
tributable to the extension of the network of the 12
provider; and 13
‘‘(B) includes the initiation of fixed 14
broadband internet access service through routine 15
installation that can be completed not later than 16
10 business days after the date on which the 17
service request is submitted. 18
‘‘SEC. 802. BROADBAND MAPS. 19
‘‘(a) RULES.— 20
‘‘(1) IN GENERAL.—Not later than 180 days 21
after the date of enactment of this title, the Commis-22
sion shall issue final rules that shall— 23
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‘‘(A) require the biannual collection and 1
dissemination of granular data, as determined 2
by the Commission— 3
‘‘(i) relating to the availability and 4
quality of service with respect to terrestrial 5
fixed, fixed wireless, satellite, and mobile 6
broadband internet access service; and 7
‘‘(ii) that the Commission shall use to 8
compile the maps created under subsection 9
(c)(1) (referred to in this section as ‘cov-10
erage maps’), which the Commission shall 11
make publicly available; and 12
‘‘(B) establish— 13
‘‘(i) processes through which the Com-14
mission can verify the accuracy of data sub-15
mitted under subsection (b)(2); 16
‘‘(ii) processes and procedures through 17
which the Commission, and, as necessary, 18
other entities or individuals submitting 19
non-public or competitively sensitive infor-20
mation under this title, can protect the se-21
curity, privacy, and confidentiality of that 22
non-public or competitively sensitive infor-23
mation, including— 24
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‘‘(I) information contained in the 1
Fabric; 2
‘‘(II) the dataset created under 3
subsection (b)(1)(A) supporting the 4
Fabric; and 5
‘‘(III) the data submitted under 6
subsection (b)(2); 7
‘‘(iii) the challenge process described in 8
subsection (b)(5); and 9
‘‘(iv) the process described in section 10
804(b). 11
‘‘(2) OTHER DATA.—In issuing the rules under 12
paragraph (1), the Commission shall develop a proc-13
ess through which the Commission can collect verified 14
data for use in the coverage maps from— 15
‘‘(A) State, local, and Tribal governmental 16
entities that are primarily responsible for map-17
ping or tracking broadband internet access serv-18
ice coverage for a State, unit of local govern-19
ment, or Indian Tribe, as applicable; 20
‘‘(B) third parties, if the Commission deter-21
mines that it is in the public interest to use such 22
data in— 23
‘‘(i) the development of the coverage 24
maps; or 25
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‘‘(ii) the verification of data submitted 1
under subsection (b); and 2
‘‘(C) other Federal agencies. 3
‘‘(3) UPDATES.—The Commission shall revise the 4
rules issued under paragraph (1) to— 5
‘‘(A) reflect changes in technology; 6
‘‘(B) ensure the accuracy of propagation 7
models, as further provided in subsection (b)(3); 8
and 9
‘‘(C) improve the usefulness of the coverage 10
maps. 11
‘‘(b) CONTENT OF RULES.— 12
‘‘(1) ESTABLISHMENT OF A SERVICEABLE LOCA-13
TION FABRIC REGARDING FIXED BROADBAND.— 14
‘‘(A) DATASET.— 15
‘‘(i) IN GENERAL.—The Commission 16
shall create a common dataset of all loca-17
tions in the United States where fixed 18
broadband internet access service can be in-19
stalled, as determined by the Commission. 20
‘‘(ii) CONTRACTING.— 21
‘‘(I) IN GENERAL.—Subject to 22
subclauses (II) and (III), the Commis-23
sion may contract with an entity with 24
expertise with respect to geographic in-25
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formation systems (referred to in this 1
subsection as ‘GIS’) to create and 2
maintain the dataset under clause (i). 3
‘‘(II) APPLICATION OF THE FED-4
ERAL ACQUISITION REGULATION.—A 5
contract into which the Commission 6
enters under subclause (I) shall in all 7
respects comply with applicable provi-8
sions of the Federal Acquisition Regu-9
lation. 10
‘‘(III) LIMITATIONS.—With re-11
spect to a contract into which the Com-12
mission enters under subclause (I)— 13
‘‘(aa) the entity with which 14
the Commission enters into the 15
contract shall be selected through 16
a competitive bid process that is 17
transparent and open; and 18
‘‘(bb) the contract shall be for 19
a term of not longer than 5 years, 20
after which the Commission may 21
enter into a new contract— 22
‘‘(AA) with an entity, 23
and for the purposes, de-24
scribed in clause (i); and 25
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‘‘(BB) that complies 1
with the requirements under 2
subclause (II) and this sub-3
clause; and 4
‘‘(cc) the contract shall— 5
‘‘(AA) prohibit the enti-6
ty described in item (aa) 7
from selling, leasing, or oth-8
erwise disclosing for mone-9
tary consideration any per-10
sonally identifiable informa-11
tion to any other entity other 12
than for purposes authorized 13
under this title; and 14
‘‘(BB) require the entity 15
described in item (aa) to in-16
clude in any contract with 17
any other entity a provision 18
that prohibits that other enti-19
ty from engaging in an ac-20
tion that is prohibited under 21
subitem (AA). 22
‘‘(B) FABRIC.—The rules issued by the 23
Commission under subsection (a)(1) shall estab-24
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lish the Broadband Serviceable Location Fabric, 1
which shall— 2
‘‘(i) contain geocoded information for 3
each location identified under subparagraph 4
(A)(i); 5
‘‘(ii) serve as the foundation upon 6
which all data relating to the availability of 7
fixed broadband internet access service col-8
lected under paragraph (2)(A) shall be re-9
ported and overlaid; 10
‘‘(iii) be compatible with commonly 11
used GIS software; and 12
‘‘(iv) at a minimum, be updated every 13
6 months by the Commission. 14
‘‘(C) IMPLEMENTATION PRIORITY.—The 15
Commission shall prioritize implementing the 16
Fabric for rural and insular areas of the United 17
States. 18
‘‘(2) COLLECTION OF INFORMATION.—The rules 19
issued by the Commission under subsection (a)(1) 20
shall include uniform standards for the reporting of 21
broadband internet access service data that the Com-22
mission shall collect— 23
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‘‘(A) from each provider of terrestrial fixed, 1
fixed wireless, or satellite broadband internet ac-2
cess service, which shall include data that— 3
‘‘(i) documents the areas where the 4
provider— 5
‘‘(I) has actually built out the 6
broadband network infrastructure of 7
the provider such that the provider is 8
able to provide that service; and 9
‘‘(II) could provide that service, 10
as determined by identifying where the 11
provider is capable of performing a 12
standard broadband installation, if ap-13
plicable; 14
‘‘(ii) includes information regarding 15
download and upload speeds, at various 16
thresholds established by the Commission, 17
and, if applicable, latency with respect to 18
broadband internet access service that the 19
provider makes available; 20
‘‘(iii) can be georeferenced to the GIS 21
data in the Fabric; 22
‘‘(iv) the provider shall report as— 23
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‘‘(I) with respect to providers of 1
fixed wireless broadband internet ac-2
cess service— 3
‘‘(aa) propagation maps and 4
propagation model details that— 5
‘‘(AA) satisfy standards 6
that are similar to those ap-7
plicable to providers of mo-8
bile broadband internet ac-9
cess service under subpara-10
graph (B) with respect to 11
propagation maps and prop-12
agation model details, taking 13
into account material dif-14
ferences between fixed wire-15
less and mobile broadband 16
internet access service; and 17
‘‘(BB) reflect the speeds 18
and latency of the service 19
provided by the provider; or 20
‘‘(bb) a list of addresses or lo-21
cations that constitute the service 22
area of the provider, except that 23
the Commission— 24
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‘‘(AA) may only permit, 1
and not require, a provider 2
to report the data using that 3
means of reporting; and 4
‘‘(BB) in the rules 5
issued under subsection 6
(a)(1), shall provide a meth-7
od for using that means of 8
reporting with respect to 9
Tribal areas; and 10
‘‘(II) with respect to providers of 11
terrestrial fixed and satellite 12
broadband internet access service— 13
‘‘(aa) polygon shapefiles; or 14
‘‘(bb) a list of addresses or lo-15
cations that constitute the service 16
area of the provider, except that 17
the Commission— 18
‘‘(AA) may only permit, 19
and not require, a provider 20
to report the data using that 21
means of reporting; and 22
‘‘(BB) in the rules 23
issued under subsection 24
(a)(1), shall provide a meth-25
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od for using that means of 1
reporting with respect to 2
Tribal areas; and 3
‘‘(v) the Commission determines is ap-4
propriate with respect to certain tech-5
nologies in order to ensure that the 6
Broadband Map is granular and accurate; 7
and 8
‘‘(B) from each provider of mobile 9
broadband internet access service, which shall in-10
clude propagation maps and propagation model 11
details that indicate the current (as of the date 12
on which the information is collected) fourth gen-13
eration Long-Term Evolution (commonly re-14
ferred to as ‘4G LTE’) mobile broadband inter-15
net access service coverage of the provider, which 16
shall— 17
‘‘(i) take into consideration the effect of 18
clutter; and 19
‘‘(ii) satisfy— 20
‘‘(I) the requirements of having— 21
‘‘(aa) a download speed of 22
not less than 5 megabits per sec-23
ond and an upload speed of not 24
less than 1 megabit per second 25
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with a cell edge probability of not 1
less than 90 percent; and 2
‘‘(bb) cell loading of not less 3
than 50 percent; and 4
‘‘(II) any other parameter that 5
the Commission determines to be nec-6
essary to create a map under sub-7
section (c)(1)(C) that is more precise 8
than the map produced as a result of 9
the submissions under the Mobility 10
Fund Phase II information collection. 11
‘‘(3) UPDATE OF REPORTING STANDARDS FOR 12
MOBILE BROADBAND INTERNET ACCESS SERVICE.— 13
For the purposes of paragraph (2)(B), if the Commis-14
sion determines that the reporting standards under 15
that paragraph are insufficient to collect accurate 16
propagation maps and propagation model details 17
with respect to future generations of mobile 18
broadband internet access service technologies, the 19
Commission shall immediately commence a rule mak-20
ing to adopt new reporting standards with respect to 21
those technologies that— 22
‘‘(A) shall be the functional equivalent of 23
the standards required under paragraph (2)(B); 24
and 25
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‘‘(B) allow for the collection of propagation 1
maps and propagation model details that are as 2
accurate and granular as, or more accurate and 3
granular than, the maps and model details col-4
lected by the Commission under paragraph 5
(2)(B). 6
‘‘(4) CERTIFICATION AND VERIFICATION.—With 7
respect to a provider that submits information to the 8
Commission under paragraph (2)— 9
‘‘(A) the provider shall include in each sub-10
mission a certification from a corporate officer of 11
the provider that the officer has examined the in-12
formation contained in the submission and that, 13
to the best of the officer’s actual knowledge, infor-14
mation, and belief, all statements of fact con-15
tained in the submission are true and correct; 16
and 17
‘‘(B) the Commission shall verify the accu-18
racy and reliability of the information in ac-19
cordance with measures established by the Com-20
mission. 21
‘‘(5) CHALLENGE PROCESS.— 22
‘‘(A) IN GENERAL.—In the rules issued 23
under subsection (a), and subject to subpara-24
graph (B), the Commission shall establish a 25
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user-friendly challenge process through which 1
consumers, State, local, and Tribal governmental 2
entities, and other entities or individuals may 3
submit coverage data to the Commission to chal-4
lenge the accuracy of— 5
‘‘(i) the coverage maps; 6
‘‘(ii) any information submitted by a 7
provider regarding the availability of 8
broadband internet access service; or 9
‘‘(iii) the information included in the 10
Fabric. 11
‘‘(B) CONSIDERATIONS; VERIFICATION; RE-12
SPONSE TO CHALLENGES.—In establishing the 13
challenge process required under subparagraph 14
(A), the Commission shall— 15
‘‘(i) consider— 16
‘‘(I) the types of information that 17
an entity or individual submitting a 18
challenge should provide to the Com-19
mission in support of the challenge; 20
‘‘(II) the appropriate level of 21
granularity for the information de-22
scribed in subclause (I); 23
‘‘(III) the need to mitigate the 24
time and expense incurred by, and the 25
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administrative burdens placed on, enti-1
ties or individuals in— 2
‘‘(aa) challenging the accu-3
racy of a coverage map; and 4
‘‘(bb) responding to chal-5
lenges described in item (aa); 6
‘‘(IV) the costs to consumers and 7
providers resulting from a 8
misallocation of funds because of a re-9
liance on outdated or otherwise inac-10
curate information in the coverage 11
maps; 12
‘‘(V) any lessons learned from the 13
challenge process established under Mo-14
bility Fund Phase II, as determined 15
from comments solicited by the Com-16
mission; and 17
‘‘(VI) the need for user-friendly 18
challenge submission formats that will 19
promote participation in the challenge 20
process; 21
‘‘(ii) include a process for verifying the 22
data submitted through the challenge proc-23
ess in order to ensure the reliability of that 24
data; 25
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‘‘(iii) allow providers to respond to 1
challenges submitted through the challenge 2
process; and 3
‘‘(iv) develop an online mechanism, 4
which— 5
‘‘(I) shall be integrated into the 6
coverage maps; 7
‘‘(II) allows for an entity de-8
scribed in subparagraph (A) to submit 9
a challenge under the challenge process; 10
‘‘(III) makes challenge data avail-11
able in both geographic information 12
system and non-geographic informa-13
tion system formats; and 14
‘‘(IV) clearly identifies the areas 15
in which broadband internet access 16
service is available, and the upload 17
and download speeds at which that 18
service is available, as reported to the 19
Commission under this section. 20
‘‘(C) USE OF CHALLENGES.—The rules 21
issued to establish the challenge process under 22
subparagraph (A) shall include— 23
‘‘(i) a process for the speedy resolution 24
of challenges; and 25
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‘‘(ii) a process for the regular and ex-1
peditious updating of the coverage maps 2
and granular data disseminated by the 3
Commission as challenges are resolved. 4
‘‘(D) REPORT TO CONGRESS.—Not earlier 5
than 1 year, and not later than 18 months, after 6
the date on which the rules issued under sub-7
section (a)(1) take effect, the Commission shall, 8
after an opportunity for notice and comment, 9
submit to the Committee on Commerce, Science, 10
and Transportation of the Senate and the Com-11
mittee on Energy and Commerce of the House of 12
Representatives a report that— 13
‘‘(i) evaluates the challenge process de-14
scribed in subparagraph (A); and 15
‘‘(ii) considers whether the Commission 16
should commence an inquiry on the need for 17
other tools to help— 18
‘‘(I) identify potential inaccura-19
cies in the data relating to broadband 20
internet access service that providers 21
report; and 22
‘‘(II) improve the accuracy of the 23
data described in subclause (I). 24
‘‘(6) REFORM OF FORM 477 PROCESS.— 25
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‘‘(A) IN GENERAL.—Not later than 180 1
days after the date on which the rules issued 2
under subsection (a) take effect, the Commission 3
shall— 4
‘‘(i) reform the Form 477 broadband 5
deployment service availability collection 6
process of the Commission— 7
‘‘(I) to achieve the purposes of this 8
title; and 9
‘‘(II) in a manner that— 10
‘‘(aa) enables the comparison 11
of data and maps produced before 12
the implementation of this title 13
with data and coverage maps pro-14
duced after the implementation of 15
this title; and 16
‘‘(bb) maintains the public 17
availability of data relating to the 18
deployment of broadband internet 19
access service; and 20
‘‘(ii) harmonize reporting requirements 21
and procedures regarding the deployment of 22
broadband internet access service that are 23
in effect on the day before the date on which 24
the rules issued under subsection (a)(1) take 25
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effect with those requirements and proce-1
dures in those rules. 2
‘‘(B) CONTINUED COLLECTION AND REPORT-3
ING.—On and after the date on which the Com-4
mission carries out subparagraph (A), the Com-5
mission shall continue to collect and publicly re-6
port subscription data that the Commission col-7
lected through the Form 477 broadband deploy-8
ment service availability process, as in effect on 9
July 1, 2019. 10
‘‘(7) SHARING DATA WITH NTIA.—The Commis-11
sion shall establish a process to make the data col-12
lected under paragraph (2) available to the National 13
Telecommunications and Information Administra-14
tion. 15
‘‘(c) MAPS.—The Commission shall— 16
‘‘(1) after consultation with the Federal Geo-17
graphic Data Committee established under section 18
753(a) of the Geospatial Data Act of 2018, create— 19
‘‘(A) the Broadband Map, which shall de-20
pict— 21
‘‘(i) the extent of the availability of 22
broadband internet access service in the 23
United States, without regard to whether 24
that service is fixed broadband internet ac-25
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cess service or mobile broadband internet 1
access service, which shall be based on data 2
collected by the Commission from all pro-3
viders; and 4
‘‘(ii) the areas of the United States 5
that remain unserved by providers; 6
‘‘(B) a map that depicts the availability of 7
fixed broadband internet access service, which 8
shall be based on data collected by the Commis-9
sion from providers under subsection (b)(2)(A); 10
and 11
‘‘(C) a map that depicts the availability of 12
mobile broadband internet access service, which 13
shall be based on data collected by the Commis-14
sion from providers under subsection (b)(2)(B); 15
‘‘(2) after creating the maps under paragraph 16
(1), use such maps— 17
‘‘(A) to determine the areas in which terres-18
trial fixed, fixed wireless, mobile, and satellite 19
broadband internet access service is and is not 20
available; and 21
‘‘(B) when making any new award of fund-22
ing with respect to the deployment of broadband 23
internet access service intended for use by resi-24
dential and mobile customers; 25
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‘‘(3) update the maps created under paragraph 1
(1) not less frequently than biannually using the most 2
recent data collected from providers under subsection 3
(b)(2); 4
‘‘(4) consult with— 5
‘‘(A) the Secretary of Agriculture to enable 6
the Secretary of Agriculture to consult the maps 7
created under paragraph (1) when considering 8
the awarding of funds for the deployment of 9
broadband internet access service under any pro-10
gram administered by the Administrator of the 11
Rural Utilities Service; and 12
‘‘(B) the National Telecommunications and 13
Information Administration to enable the Ad-14
ministration to consult the maps created under 15
paragraph (1) when considering the awarding of 16
funds for the deployment of broadband internet 17
access service under any future program admin-18
istered by the Administration; 19
‘‘(5) make available to any Federal agency, upon 20
request, the maps created under paragraph (1); and 21
‘‘(6) make public at an appropriate level of 22
granularity— 23
‘‘(A) the maps created under paragraph (1); 24
and 25
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‘‘(B) the data collected by the Commission 1
with respect to the availability of broadband 2
internet access service and the quality of service 3
with respect to broadband internet access service. 4
‘‘(d) DELAYED EFFECTIVE DATE FOR QUALITY OF 5
SERVICE RULES.—Any requirement of a rule issued under 6
subsection (a)(1) that relates to quality of service shall take 7
effect not earlier than the date that is 180 days after the 8
date on which the Commission issues that rule. 9
‘‘SEC. 803. ENFORCEMENT. 10
‘‘It shall be unlawful for an entity or individual to 11
willfully and knowingly, or recklessly, submit information 12
or data under this title that is materially inaccurate or 13
incomplete with respect to the availability of broadband 14
internet access service or the quality of service with respect 15
to broadband internet access service. 16
‘‘SEC. 804. IMPROVING DATA ACCURACY. 17
‘‘(a) AUDITS.—The Commission shall conduct regular 18
audits of information submitted to the Commission by pro-19
viders under section 802(b)(2) to ensure that the providers 20
are complying with this title. 21
‘‘(b) CROWDSOURCING.— 22
‘‘(1) IN GENERAL.—The Commission shall de-23
velop a process through which entities or individuals 24
in the United States may submit specific information 25
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about the deployment and availability of broadband 1
internet access service in the United States on an on-2
going basis so that the information may be used to 3
verify and supplement information provided by pro-4
viders of broadband internet access service for inclu-5
sion in the maps created under section 802(c)(1). 6
‘‘(2) COLLABORATION.—As part of the efforts of 7
the Commission to facilitate the ability of entities and 8
individuals to submit information under paragraph 9
(1), the Commission shall— 10
‘‘(A) prioritize the consideration of data 11
provided by data collection applications used by 12
consumers that the Commission has deter-13
mined— 14
‘‘(i) are highly reliable; and 15
‘‘(ii) have proven methodologies for de-16
termining network coverage and network 17
performance; 18
‘‘(B) not later than 1 year after the date of 19
enactment of this title, conclude a process that 20
tests the feasibility of partnering with Federal 21
agencies that operate delivery fleet vehicles, in-22
cluding the United States Postal Service, to fa-23
cilitate the collection and submission of informa-24
tion described in that paragraph; and 25
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‘‘(C) not later than 14 months after the date 1
of enactment of this title, publish on the website 2
of the Commission, and submit to the Committee 3
on Commerce, Science, and Transportation of 4
the Senate and the Committee on Energy and 5
Commerce of the House of Representatives, a re-6
port regarding the testing described in subpara-7
graph (B), which shall include— 8
‘‘(i) a determination regarding whether 9
the partnerships with Federal agencies de-10
scribed in that subparagraph are able to fa-11
cilitate the collection and submission of in-12
formation described in paragraph (1); and 13
‘‘(ii) any steps that the Commission 14
plans to take to facilitate the partnerships 15
described in that subparagraph. 16
‘‘(c) TECHNICAL ASSISTANCE TO INDIAN TRIBES.— 17
‘‘(1) IN GENERAL.—Subject to paragraph (2), the 18
Commission shall hold workshops for Tribal Govern-19
ments in each of the 12 Bureau of Indian Affairs re-20
gions to provide technical assistance with the collec-21
tion and submission of data under section 802(a)(2). 22
‘‘(2) ANNUAL REVIEW.—Each year, the Commis-23
sion, in consultation with Indian Tribes, shall review 24
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the need for continued workshops required under 1
paragraph (1). 2
‘‘(d) TECHNICAL ASSISTANCE TO SMALL SERVICE 3
PROVIDERS.—The Commission shall establish a process 4
through which a provider that has fewer than 100,000 ac-5
tive broadband internet access service connections may re-6
quest and receive assistance from the Commission with re-7
spect to geographic information system data processing to 8
ensure that the provider is able to comply with the require-9
ments under section 802(b) in a timely and accurate man-10
ner. 11
‘‘(e) TECHNICAL ASSISTANCE TO STATE, LOCAL, AND 12
TRIBAL GOVERNMENTS AND CONSUMERS.—The Commis-13
sion shall provide technical assistance to consumers and 14
State, local, and Tribal governmental entities with respect 15
to the challenge process established under section 802(b)(5), 16
which shall include— 17
‘‘(1) detailed tutorials and webinars; and 18
‘‘(2) the provision of staff of the Commission to 19
provide assistance, as needed, throughout the entirety 20
of the challenge process. 21
‘‘(f) GAO ASSESSMENT OF FABRIC SOURCE DATA.— 22
‘‘(1) IN GENERAL.—The Comptroller General of 23
the United States shall conduct an assessment of key 24
data sources that are used for purposes of the Fabric 25
29
•S 1822 EAH
to identify and geocode locations where fixed 1
broadband internet access service can be installed in 2
order for the Comptroller General to develop rec-3
ommendations for how the quality and completeness 4
of those data sources can be improved as data sources 5
for the Fabric. 6
‘‘(2) SOURCES INCLUDED.—For the purposes of 7
the assessment conducted under paragraph (1), the 8
key data sources described in that paragraph shall in-9
clude— 10
‘‘(A) any relevant sources of Federal data, 11
including the National Address Database admin-12
istered by the Department of Transportation; 13
‘‘(B) State- and county-level digitized par-14
cel data; and 15
‘‘(C) property tax attribute recording. 16
‘‘(3) REPORT.—Not later than 1 year after the 17
date of enactment of this title, the Comptroller Gen-18
eral of the United States shall submit to the Com-19
mittee on Commerce, Science, and Transportation of 20
the Senate and the Committee on Energy and Com-21
merce of the House of Representatives a report that 22
contains the recommendations developed under para-23
graph (1). 24
30
•S 1822 EAH
‘‘SEC. 805. COST. 1
‘‘(a) USF.—The Commission may not use funds from 2
the universal service programs of the Commission estab-3
lished under section 254, and the regulations issued under 4
that section, to pay for any costs associated with this title. 5
‘‘(b) OTHER FUNDS.—The Commission may recover 6
costs associated with this title under section 9 to the extent 7
provided for in an appropriation Act, as required under 8
subsection (a) of that section. 9
‘‘SEC. 806. OTHER PROVISIONS. 10
‘‘(a) OMB.—Notwithstanding any other provision of 11
law, the initial rule making required under section 12
802(a)(1) shall be exempt from review by the Office of Man-13
agement and Budget. 14
‘‘(b) PRA.—Subchapter I of chapter 35 of title 44, 15
United States Code (commonly known as the ‘Paperwork 16
Reduction Act’) shall not apply to the initial rule making 17
required under section 802(a)(1). 18
‘‘(c) EXECUTION OF RESPONSIBILITIES.—Except, with 19
respect to an entity that is not the Universal Service Ad-20
ministrative Company, as provided in section 21
802(a)(2)(B), section 802(b)(1)(A)(ii), and subsections (c), 22
(d), and (e) of section 804, the Commission— 23
‘‘(1) including the offices of the Commission, 24
shall carry out the responsibilities assigned to the 25
Commission under this title; and 26
31
•S 1822 EAH
‘‘(2) may not delegate any of the responsibilities 1
assigned to the Commission under this title to any 2
third party, including the Universal Service Adminis-3
trative Company. 4
‘‘(d) REPORTING.—Each fiscal year, the Commission 5
shall submit to the Committee on Commerce, Science, and 6
Transportation of the Senate and the Committee on Energy 7
and Commerce of the House of Representatives a report that 8
summarizes the implementation of this title and associated 9
enforcement activities conducted during the previous fiscal 10
year. 11
‘‘(e) RULE OF CONSTRUCTION.—If the Commission, be-12
fore the date of enactment of this title, has taken an action 13
that, in whole or in part, implements this title, the Commis-14
sion shall not be required to revisit such action to the extent 15
that such action is consistent with this title.’’. 16
Attest:
Clerk.
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